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Miami Immigration & Naturalization Law Blog

What is the Conrad 30 waiver program for legal status?

People in Miami may be aware that the new administration of President Donald J. Trump may be seeking to alter the way in which the ways a person can immigrate to the U.S. One issue that pertinent for some of those seeking to come to the U.S., and for those who would like to hire these individuals, is the Conrad 30 waiver program. This is a program to provide visas for medical doctors -- known as a J-1 visa -- so they can have a two-year residency in the U.S. The idea behind this is to account for a shortage of trained doctors in areas that need them.

There are eligibility requirements for a J-1 medical doctor. They must agree to be employed on a fulltime basis in H-1B non-immigrant at a location that was designated by the authorities. They must receive a contract from a health facility located in the particular area. They must get a letter that states there is no objection from the home country if the trip was funded by that country. The immigrant must agree to start work at the facility within 90 days of getting the waiver and not the date at which the J-1 visa expires.

H-1B Visas still an option despite recent immigration policy

For foreign workers seeking a better employment opportunity here in Florida, one of the most popular ways of obtaining the right to work is to receive an H-1B visa, also known as a Specialty Occupation or Professional Visa. In fact, US Citizenship and Immigration Services received about 233,000 requests for this particular type of visa in 2015. For this visa, employers sponsor prospective employees and take care of the application process.

However, there are limits imposed on how many of this type of visa can be granted each year. There are 65,000 available visas in the general-category, while 20,000 are granted in the advanced-degree category. The visas are distributed using a lottery system that does not place priority on more educated workers.

Experienced lawyers for help with family immigration in Miami

Now more than ever, immigration is becoming complicated and worrisome. This is particularly true for Miami residents who are trying to get a spouse into the United States on a marriage-based visa. Even those who are seeking or have achieved citizenship or have a visitor visa must be worried about the fluctuating rules regarding immigration in the U.S. Because of that and the rules and mandates the Immigration and Naturalization Service is being ordered to follow, it is even more imperative to have legal assistance.

People who are immigrants and are related to U.S. citizens have options when they are seeking to come to the U.S. The visa types can vary depending on the circumstances. Immediate relatives include children under the age of 21, parents and spouses of those who have achieved citizenship. FB stands for "family based." FB-1 First Preference individuals are those who are the unmarried sons and daughters of U.S citizens. FB-2 Third Preference means married sons and daughters of U.S. citizens. FB-4 Fourth Preference is for brothers and sisters of U.S. citizens. K-1 and K-3 fiancée visas are for those who are engaged to U.S. citizens and are eligible for these visas that last for 90 days. And a K-3 visa is for spouses of U.S. citizens who have a petition to be permanent residents but it has yet to be approved and forwarded to the U.S. consulate in the home country of the spouse.

Judge rules against county in ICE illegal immigrant detention

People in Miami, across Florida and throughout the nation are watching closely as changes are being made to U.S. policy for immigrants. In an attempt to clamp down on those who are perceived to be violators of US immigration law, the new administration of President Donald J. Trump has left a great many families wondering how an immigrant -- even one who has not been accused of illegal immigration -- will be treated. For those who are in the U.S. illegally and have been detained by the Department of Homeland Security or the Immigration and Customs Enforcement (ICE), it is imperative to prepare for the fight ahead with legal assistance.

A judge in Miami-Dade made a ruling that deemed the ICE hold of arrested immigrants unconstitutional. The judge stated that holding these people is in violation of the separation of powers between the federal government and the state government. The federal government, according to the judge, does not have the power to force states to house those in federal custody. The ruling is unclear as to how it will affect those who were arrested since the county is able to file an appeal against the decision.

What hazards is a property owner responsible for?

Nearly everyone in Miami walking through a grocery store or department store has seen the yellow caution signs warning customers of wet floors, often while employees mop floors, clean a spill or a store addresses a leaky roof. This is done to not only protect a customer from potential hazards at a store, but also to protect the property owner or store management from a premises liability lawsuit.

Determining liability following an injury or death on someone else's property is not always easy, and a few factors must be taken under consideration by the courts before a ruling can be made. First, the courts will determine the legal status of the visitor. What does this mean? One must first as the question why is the person on someone else's property? An invitee is the term used for someone such as a customer, who is on the premises. A licensee, such as a mail courier, may be on the property to provide a service. A social guest is considered as anyone who is a "welcome visitor" to the property, and a trespasser is someone who enters property without the right to do so.

Airbag maker Takata settles for $1 billion

Following the largest recall in the United States automotive industry, Japanese airbag maker Takata Corp. has pleaded guilty to fraud and will now pay $1 billion dollars in penalties. The decision comes following an international scandal which also included allegations that five major automakers continued to use the defective devices despite learning of their dangers.

Takata was aware of the potential for the devices to explode which sent shrapnel into passengers and drivers of motor vehicles. As many as 16 people have been killed from the defect, including 11 Americans, and over 180 victims have been injured across the world. AS many as 42 million motor vehicles had the airbag inflators installed, amounting to as many as 100 million devices worldwide. The fine will include $125 million dollars to victims and families of victims, $850 in restitutions to automakers and a criminal fine of $25 million dollars.

Immigration and Customs Enforcement conducts raids across U.S.

In a recent post we discussed President Trump's executive order targeting undocumented immigrants and resetting immigration enforcement priorities within the United States. It didn't take long for U.S. immigration authorities to start taking action on the directive. Earlier this month, federal agents of U.S. Immigration and Customs Enforcement conducted a series of raids on immigrant communities in a number of states, including Florida.

In his executive order, Trump ended President Obama's policy of prioritizing for deportation those with criminal convictions. Under Trump's order, the Department of Homeland Security is directed to also target people with no criminal convictions, including people charged with, but not convicted of, minor offenses; and people federal authorities determine have committed an offense, even if they have never been arrested.

Florida landowner's duty of care depends on type of entrant

Contrary to what many people think, the mere fact that an accident occurs on someone else's property does not make the property owner liable. For the owner or possessor of land to be held liable for an injury on the land, Florida law requires proof that the owner or possessor violated a duty of care he or she owed to the injured person. What that duty of care consists of depends on the reason the injured person was on the premises in the first place.

Florida premises liability law divides those entering the land of another into three broad categories: invitees, licensees and trespassers. Invitees get the highest level of care. An invitee can be a public invitee, meaning the land is open to the public and the person was invited to enter the land; or a business invitee, meaning the person was invited onto the premises for reasons connected to the business dealings of the landowner. A customer in a store would ordinarily be a business invitee. A property owner or possessor owes invitees a duty to maintain the premises in a reasonably safe condition and to warn of any hazards the owner or possessor knows or should know about.

Trump order changes U.S. immigration law enforcement priorities

Since taking office, Donald Trump has issued three executive orders affecting immigrants seeking to enter the United States, as well as those already present in the country. In recent posts we have discussed two of them, his travel ban and his order regarding border security. The third order is entitled "Enhancing Public Safety in the Interior of the United States." Like the other two, it is likely to cause a great deal of fear and anxiety for immigrants in Florida and across the U.S.

The order makes significant changes in immigration enforcement priorities. It directs the Secretary of Homeland Security to give deportation priority to certain categories of immigrants, including those who are already deemed removable and are also convicted of any crime; are charged with any crime where the charge has not been resolved; or have done anything that could be charged as a crime. It also targets immigrants who are already removable and have "abused" any public benefits program.

Trump's border security order targets those without legal status

These are frightening times for undocumented immigrants in Florida. Last week we discussed President Trump's executive order banning immigration from seven countries. This week, we'll look at another other Trump executive order, entitled "Border Security and Immigration Enforcement Improvements."

The order directs the Secretary of Homeland Security to immediately begin building a wall along the U.S. border with Mexico. It provides for the construction of additional detention facilities and the hiring of 5,000 new Border Patrol agents. The order also contains several provisions that will affect immigrants without legal status who are already in the U.S.

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